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(영문) 서울동부지방법원 2020.08.12 2019고정1359
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On July 25, 2019, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for violating the Electronic Financial Transactions Act at the Seoul Central District Court on July 25, 2019, and the judgment became final and conclusive on August 2, 2019.

【Criminal Facts】

On February 7, 2019, at a place where a place is unknown, the Defendant filed an application for the escape of household appliances in the name of the Defendant with the victim Co., Ltd., a siren company, under the condition that the ownership of a siren product is transferred, if the Defendant pays 53,000 won per month for a total of 6,320,00 won of the market value via the Internet.

However, the defendant did not intend to use a dried machine, but planned to sell two 400,000 won per 1 dried machine to another person, and did not have an intention or ability to pay the principal and interest of the dried machine.

On February 12, 2019, the Defendant, by deceiving the damaged company, entered into a siren agreement with the victimized company on February 16, 2019, and around that time, ordered the victimized company to install two floors C2 in Seocho-gu and D Apartment E in Silri-si designated by the buyer who purchased the drying machine from the Defendant, respectively.

Accordingly, the defendant acquired 6,320,000 won from the victimized company.

Summary of Evidence

1. Statement made by the police on the F of the defendant's legal statement: Each investigation report (to attach documents, such as telephone conversations by the complainant representative, telephone conversations by the victim's installation photograph, etc., telephone conversations by the delivery engineer, actual delivery place of damaged goods, and investigation into the purchase of damaged goods) on the F, call for the return of goods, and statement of demand for repayment of debts;

1. Previous convictions: Criminal records, summary of case agreement assistance, and application of Acts and subordinate statutes of a copy of judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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